Any dining establishment in the city may close, from March 1 to December 15, a portion of a public sidewalk for the purpose of operating a sidewalk café subject to the following conditions and limitations.
(A) The city’s Board of Public Works shall have the authority to grant written permission on written requests submitted by food establishments, eating or drinking places within the city.
(B) A person or entity may submit an application to the Board of Public Work containing the following information:
(1) A brief description of the plans to situate the outdoor dining area, including furniture;
(2) Written proof of liability insurance naming the city as a co-insured in a form and amount satisfactory to the City Attorney and the underwriter of the city’s general liability insurance carrier; and
(3) For an applicant who wishes to serve alcohol, the following additional requirements and conditions apply.
(a) The applicant must comply with all provisions of I.C. 7.1-3-9-2.
(b) The applicant shall provide a copy of materials submitted to the state’s Alcohol and Tobacco Commission as part of its application under
this section.
(c) A violation of any rule of the state’s Alcohol and Tobacco Commission shall be grounds for immediate revocation of a permit.
(d) Written approval must be received from the state’s Alcohol and Tobacco Commission pursuant to 905 I.A.C. 1-41-4(a) and a copy thereof submitted to, and maintained by, the city’s Clerk-Treasurer. Any condition placed on the applicant by the state’s Alcohol and Tobacco Commission shall also be a condition for approval pursuant to this section.
(e) The dining area shall not be considered part of any “alcohol-free zone” previously established by this code of ordinances, under Ord. G-92-3.
(C) The following rules shall apply to any sidewalk dining area.
(1) The outdoor dining area shall not be conducted in such a way as to become a public nuisance.
(2) The outdoor dining area shall at all times leave at least four feet of flat sidewalk for pedestrian and wheelchair traffic, free from obstructions.
(3) The outdoor dining area shall be made available to patrons of the permittee only and no pass through or window service shall be permitted.
(4) The outdoor dining area shall be kept in a neat and orderly fashion in appearance and shall be kept free from refuse and debris.
(5) The owner of any establishment shall be held strictly liable for any damage to city property within the dining area and failure to pay for any such damage shall be grounds to deny or refuse to renew a permit.
(6) No furniture, umbrella or other material placed on the sidewalk by the owner shall obstruct the clear vision of any street sign or traffic regulatory sign.
(7) Stereo systems, stereo speakers or audio devices for sound reproduction may be operated in the sidewalk dining area.
(8) The owner of any establishment must comply with all state and local Fire and Building Codes.
(D) Once approved, the Board of Public Works shall issue a permit good for one year from the date of approval. The Board of Public Works shall review the permit annually and decide whether to renew the permit. In deciding whether to grant or renew a permit, the Board of Public Works shall use the criteria set forth above.
(Prior Code, § 119.01) (Ord. G-09-03, passed 3-24-2009; Ord. G-09-15, passed 12-14-2009)